01:377:204 Lecture Notes - Lecture 2: Standard Form Contract, Fair Deal
8 Sep 2016
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Exculpatory agreement: is a contract in which a person or entity that is legally "at fault" tries to excuse itself from fault. Exculpatory clause: a contractual provision relieving a party from any liability resulting from a negligent or wrongful act. They are used in the right circumstances (context) Context: the courts must be satisfied that the context is appropriate for doing so o. Two primary aspects to consider when looking at the context issues: whether the person giving up the right to sue is a minor. Essential services: some organizations owe a duty to serve the public, and the courts deem it inappropriate for that type of organization to gain the benefit of a waiver. Ex: you will never see a waiver upheld in a health care setting. Interscholastic or intercollegiate sport as an essential service. Some courts have held that waivers or releases may be inappropriate in the context of.
